Senate Study Bill 3028 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act requiring an aggravated misdemeanant to submit a DNA 1 sample and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5306DP (2) 84 jm/rj
S.F. _____ H.F. _____ Section 1. Section 81.2, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. A person who receives a deferred judgment for a 3 felony , aggravated misdemeanor, or against whom a judgment or 4 conviction for a felony or aggravated misdemeanor has been 5 entered shall be required to submit a DNA sample for DNA 6 profiling pursuant to section 81.4 . 7 Sec. 2. Section 81.10, subsection 1, Code 2011, is amended 8 to read as follows: 9 1. A defendant who has been convicted of a felony or 10 aggravated misdemeanor and who has not been required to submit 11 a DNA sample for DNA profiling may make a motion to the court 12 for an order to require that DNA analysis be performed on 13 evidence collected in the case for which the person stands 14 convicted. 15 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1, 18 2013. 19 EXPLANATION 20 This bill requires an aggravated misdemeanant to submit a 21 DNA sample. 22 The bill requires a person convicted of or who receives 23 a deferred judgment for an offense that is classified as 24 an aggravated misdemeanor to submit a DNA sample for DNA 25 profiling. 26 Current law provides that a person who is convicted of or 27 who receives a deferred judgment for an offense classified as a 28 felony shall submit a DNA sample for DNA profiling. 29 The bill may include a state mandate as defined in Code 30 section 25B.3. The bill makes inapplicable Code section 25B.2, 31 subsection 3, which would relieve a political subdivision from 32 complying with a state mandate if funding for the cost of 33 the state mandate is not provided or specified. Therefore, 34 political subdivisions are required to comply with any state 35 -1- LSB 5306DP (2) 84 jm/rj 1/ 2
S.F. _____ H.F. _____ mandate included in the bill. 1 The bill takes effect January 1, 2013. 2 -2- LSB 5306DP (2) 84 jm/rj 2/ 2